Patna High CourtCR. MISC./60330/2024bail granted

Ramesh Pandey v. The State Of Bihar

2024-10-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60330 of 2024 Arising Out of PS. Case No.-191 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Ramesh Pandey S/O Ramnandan Pandey @ Ramanand Pandey Resident of village- Basantpur Bakhri, P.S- Sakra, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The Petitioner is apprehending his arrest in connection with Sakra P.S. Case No. 191 of 2024 dated 22.03.2024 of the offences punishable u/ss 353, 332, 333, 307, 120B read with Section 34 of the Indian Penal Code and Sections 30(a), 32(1), 32(2), 36, 41(1), 41(2) and 45 of the Bihar Prohibition and Excise Act 2016.

3. As per the prosecution case, total 3832.920 litres of illicit foreign made liquor was recovered from the truck.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in

Patna High Court CR. MISC. No.60330 of 2024(2) dt.04-10-2024 2/3 para 3 of the bail petition. The name of the petitioner was disclosed by the local Chowkidar. The petitioner is neither the owner nor the driver of the seized vehicle. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. The co-accused has been granted anticipatory bail by this Court vide order dated 23.05.2024 passed in Cr. Misc. No. 38212 of 2024. Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089. The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his

Patna High Court CR. MISC. No.60330 of 2024(2) dt.04-10-2024 3/3 arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Muzaffarpur, in connection with Sakra P.S. Case No. 191 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T